New COVID-19 and Public Health Emergency Leave Rights Across Canada
Since the pandemic began, 11 jurisdictions have created a new form of employment standards leave to ensure employees who miss work due to COVID-19 don’t lose their jobs. What all of these leaves have in common:
- They’re unpaid;
- They don’t require minimum service the way sick leave does in many jurisdictions;
- They don’t require employees to provide a doctor’s note or other medical certification the way most illness-related leaves do.
Where COVID-19 leaves differ is with regard to:
- Leave triggers, especially with regard to whether missing work due to travel restrictions or orders to self-isolate by their employers are grounds for leave;
- How long leave can last; and
- Whether leave is just a temporary measure specific to COVID-19 or just the first application of a permanent leave for other infectious illnesses that become a public health emergency that may occur when the COVID-19 pandemic ends
PRACTICAL IMPACT: Keep in mind that employees in the 3 jurisdictions without COVID-19 leave can use other applicable leaves, e.g., sick leave, family care, compassionate care and/or critically ill child or adult care leave if they have to miss work due to COVID-19. The big difference is that employees in the other 11 jurisdictions can rely on COVID-19 leave without drawing down these other forms of leave
COVID-19 Leave Rules Across Canada
FEDERAL
Duration: Up to 16 weeks
Notice & Verification:
- Employee must give written notice of reasons, length changes in length of leave as soon as possible
- Employer can require written declaration of leave length or reasons but NOT doctor’s note
ALBERTA
Duration: Up to 14 days, retroactive to March 5, 2020
Notice & Verification: None—employee doesn’t have to provide usual written notice of return date or medical certification
BRITISH COLUMBIA
Duration: For as long as situation prompting need for leave lasts, retroactive to Jan. 27, 2020
Notice & Verification: Employer can require reasonable proof of need for leave but NOT doctor’s note
MANITOBA
Duration: For as long as necessary, retroactive to March 1, 2020
Notice & Verification: Employee must provide as much notice as reasonable *Employer can require reasonable verification but NOT doctor’s note
NEW BRUNSWICK
Duration: Up to 15 weeks
Notice & Verification: Not yet specified
NEWFOUNDLAND & LABRADOR
Duration: For as long as disease remains a designated communicable disease
Notice & Verification: Employer can require reasonable verification but NOT doctor’s note
ONTARIO
Duration: For as long as infectious disease public emergency remains in effect
Notice & Verification: Employer can require reasonable verification but NOT doctor’s note
PRINCE EDWARD ISLAND
Duration: For as long as need for leave lasts for as long as public health emergency lasts, retroactive to March 16, 2020
Notice & Verification: Employee must notify employer as soon as possible in writing of reason, length of and changes to length of leave but need not provide doctor’s note
QUEBEC
Duration: 14 days for as long as public health emergency lasts
Notice & Verification: Not specified
SASKATCHEWAN
Duration: For as long as public health emergency remains in effect
Notice & Verification: Employer can require reasonable verification but NOT doctor’s note
YUKON TERRITORY
Duration: Up to 14 days, to be taken in one continuous period
Notice & Verification: Employee must provide as much notice as “practicable” but NOT a doctor’s note